Enforcing Foreign‑Obtained Divorces in Sri Lanka
The Comprehensive 2025 Legal Framework : Foreign-Obtained Divorces in Sri Lanka
At a Glance
- 🗓 Liyanage Champika Harendra Silva v. W.M.M.B. Weerasekera (2021) first recognized foreign divorce decrees under Sri Lankan law.
- 📜 The Reciprocal Recognition, Registration & Enforcement of Foreign Judgments Act, No. 49/2024, came into effect on 26 March 2025, providing a formal enforcement process
- 📌 The Act applies to judgments from 53 countries, listed in the Gazette Extraordinary of 28 March 2025
⚖️ Why This Matters Now
Before 2021, foreign divorces were effectively non-existent in Sri Lanka. The 2021 Court of Appeal decision opened the door to recognition—but without an enforcement path.
The 2024 Act changed all that. Now, foreign divorce decrees can be legally recognized, registered, and enforced, provided they satisfy conditions under Section 6 (e.g., finality, jurisdiction, public policy safeguards)
🌍 Countries Covered (Gazette Schedule – 28 Mar 2025)
Recognition applies to decrees from these 53 jurisdictions:
• Antigua & Barbuda • Australia • Bangladesh • Barbados • Belize • Botswana • Brunei Darussalam • Canada • Cameroon • Cyprus • Dominica • Fiji • Ghana • Grenada • Guyana • India • Jamaica • Kenya • Kiribati • Lesotho • Malawi • Malaysia • Maldives • Malta • Mauritius • Mozambique • Namibia • New Zealand • Nigeria • Pakistan • Papua New Guinea • Samoa • Seychelles • Sierra Leone • Singapore • Solomon Islands • South Africa • St. Kitts & Nevis • St. Lucia • St. Vincent & the Grenadines • Swaziland • The Bahamas • The Gambia • Tonga • Trinidad & Tobago • Tuvalu • Uganda • United Republic of Tanzania • United Kingdom • Vanuatu • Zambia • Zimbabwe
✅ How the Act’s Process Works
- Eligibility: Decree must be final, effective in the foreign country, and issued by a court with proper jurisdiction.
- Contested Cases: If both parties appeared, the District Court must recognize the decree.
- Ex Parte Cases: If one party was absent, Sri Lankan courts must notify and allow objections before recognition.
- Uncontested: No objection within the time limit → Court declares the divorce valid in Sri Lanka.
- Registration: Once recognized, the decree is registered with the Registrar‑General, updating marital status.
🏛 Significance for Sri Lankans Abroad
- Remarriage in Sri Lanka no longer risks being legally void.
- Custody, maintenance, and property disputes abroad can be addressed in local courts.
- Administrative clarity for returning expatriates or dual nationals seeking legal closure.
🗣 Final Thoughts – Foreign-Obtained Divorces in Sri Lanka
The Reciprocal Recognition Act represents a decisive modernization of Sri Lanka’s approach to foreign judgments, especially in family law. It aligns domestic law with the realities of global movement and cross-border marriages.
If you have obtained a divorce abroad—or are contemplating one—it’s vital to ensure your decree is legally effective within Sri Lanka.
By CB Law Chambers – Family & Private International Law Insights
CB Law Chambers at 30/24, Longden Place, Colombo 07.